Partisanship as it Really Exists

Because, you know, bipartisanship is the tendency of Republicans to ask for outrageous things and the tendency of Democrats to make outrageous concessions. (Chris Townsend, United Electrical Workers Union)

Perhaps now, during election season, when partisanship is at its apex, is a good time to examine the true nature of the two-headed beast. Earlier this year the Patriot Act was extended despite a good deal of partisan bickering. Here’s how it played out:

In December of 2005 portions of the Patriot Act were set to expire on their own terms, and the Bush Administration wanted the entire act renewed, with temporary provisions made permanent. Democrats, led by Sen. Russ Feingold of Wisconsin, filibustered, demanding that some of the more instrusive parts of the law be excised. Unable to block the filibuster, the Senate voted to extend the act for a few months until a compromise could be worked out.

Republicans and Democrats went into extended negotiations over the act, and here is what they hammered out: The entire act would be renewed, with the following changes:

• Recipients of court-approved subpoenas for information in terrorist investigations would have the right to challenge a requirement that they refrain from telling anyone.
• A requirement that an individual provide the FBI with the name of a lawyer consulted about a National Security Letter, which is a demand for records issued by investigators, would be eliminated. 
• The provision covering libraries in the original, which in effect says that most libraries are not subject to demands in those letters for information about suspected terrorists, would be clarified. Clarified.

That’s it. That’s all the Democrats got. Of the 156 provisions of the original act, 140 were already hard wired into law, and were not changed. Of the sixteen remaining provisions, 14 were made permanent. The other two were extended.

The final vote was 89 in favor of renewal, ten opposed (Jeffords, Feingold, Byrd, Akaka, Bingaman, Harkin, Leahy, Levin, Murray and Wyden), and one Democratic senator (Inouye) not voting.

The USA Patriot Act has been one of the most divisive piece of law of this young 21st century, with civil liberatrians across the country up in arms against it. Among our bravest citizens, out at the head of the protesters, bravely risking their own freedom to protest the act, have been our librarians. All of this energy, all of this rancor, all of this good citizenship, was sucked up into congress and put on a block. Democrats and Republicans holding hands and winking at one another, smashed it all with a Gallagher mallet.

That’s bipartisanship. That’s how it works – real bipartisanship. The Republicans lead the way, the Democrats put up a stink, soak up some good press, and then join hands with the Republicans in handing us a proper screwing.

So now, with election nearing, partisanship is high, rhetoric is flourishing, it’s a good time to remember that when it comes right down to it, we’re not really dealing with people who disagree with one another, but rather with people who are reading the public mood, trying merely to come up with ways of distinguishing Coke from Pepsi.

That’s all that’s going on. It’s up to us the voters to demand real differences in our candidates. To date we’ve not done much. And we’re not getting much. Indifference pays dividends once again.